(1) In these Regulations—
“ the 1962 Act ” means the Education Act 1962 ;
“ the 1998 Act ” means the Teaching and Higher Education Act 1998;
“ the 2017 Act ” means the Higher Education and Research Act 2017;
“ the 1998 Regulations ” means the Education (Student Support) Regulations 1998 ;
“ the 1999 Regulations ” means the Education (Student Support) Regulations 1999 ;
“ the 2000 Regulations ” means the Education (Student Support) Regulations 2000 ;
“ the 2001 Regulations ” means the Education (Student Support) Regulations 2001 ;
“ the 2002 Regulations ” means the Education (Student Support) Regulations 2002 ;
“ the 2003 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 and the Education (Student Fees and Support) (Switzerland) Regulations 2003 ;
“ the 2004 Regulations ” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 , the Education (Student Support) (Amendment) Regulations 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 ;
“ the 2005 Regulations ” means the Education (Student Support) Regulations 2005 ;
“ the 2006 Regulations ” means the Education (Student Support) Regulations 2006 ;
“ the 2007 Regulations ” means the Education (Student Support) Regulations 2007 ;
“ the 2008 Regulations ” means the Education (Student Support) Regulations 2008 ;
“ the 2008 (No.2) Regulations ” means the Education (Student Support) (No.2) Regulations 2008 ;
“ the 2009 Regulations ” means the Education (Student Support) Regulations 2009 ;
“ the 2020 Citizens’ Rights Regulations ” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;
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“ 2009 cohort student ” means a current system student who—
begins the current course on or after 1st September 2009 and before 1st September 2012 ...;
transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a course beginning on or after 1st September 2009 and before 1st September 2012; or
begins an end-on course on or after 1st September 2012 immediately after ceasing to attend a course that begins on or after 1st September 2009 and before 1st September 2012,
and to whom one of the following sub-paragraphs applies—
the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course; or
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the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
“ 2012 cohort student ” means a current system student who—
begins the current course on or after 1st September 2012 and before 1st August 2016 and is not a ... 2009 or 2016 cohort student;
transfers to the current course pursuant to regulation 7 on or after 1st August 2016 from a course that—
is not a distance learning course; and
begins on or after 1st September 2012 and before 1st August 2016; or
begins an end-on course on or after 1st August 2016 immediately after ceasing to attend a course that begins on or after 1st September 2012 and before 1st August 2016;
“ 2016 cohort student ” means a current system student who—
begins the current course on or after 1st August 2016;
is not a ... 2009 or 2012 cohort student;
has not transferred to the current course pursuant to regulation 7 from a course that—
is not a distance learning course; and
began before 1st August 2016; and
is not beginning an end-on course on or after 1st August 2016;
“ academic authority ” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“ academic year ” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“ Academy ” means a school to which Academy arrangements under section 1 of the Academies Act 2010 relate;
“ accelerated course ” means—
where the course begins before 1st August 2019, a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration; or
where the course begins on or after 1st August 2019, a higher education course as defined in section 83(1) of the 2017 Act where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;
“ accredited institution ” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;
“ allied health profession subject ” means chiropody, dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;
“ approved HTQ ” means an approved technical education qualification (within the meaning of Chapter A1 of Part 1 of the Apprenticeships, Skills, Learning and Children Act 2009 (see section A12(1) of that Act)) which is—
included in the list of qualifications maintained by the Secretary of State in accordance with section A2HA of the Apprenticeships, Skills, Learning and Children Act 2009 (list of technical education qualifications); and
at level 4 or 5—
on the Framework for Higher Education Qualifications of UK-Degree Awarding Bodies, as amended from time to time; or
as described in the Ofqual Handbook: General Conditions of Recognition, as amended from time to time;
“ approved provider ” and “approved (fee cap) provider” mean English higher education providers registered in the approved and approved (fee cap) parts of the register respectively;
“ authority-funded ” means—
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in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales before 1 st August 2024 or the Commission for Tertiary Education and Research on or after 1 st August ;
in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and
in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for Employment and Learning in Northern Ireland or the Department for Agriculture and Rural Development in Northern Ireland.
“ borrower ” means a person to whom a loan has been made;
“bursary year” means an academic year of a course in relation to which the student is—
eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;
eligible to apply for a Scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or
eligible for a healthcare tuition payment;
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“ compressed degree course ” means a course which begins before 1st August 2019 and which is determined in accordance with paragraph (2) to be a compressed degree course;
“ compressed degree student ” means an eligible student who—
is undertaking a compressed degree course in the United Kingdom (the “course”);
began the course before 1st August 2019; and
either—
is required to be in attendance on the course for part of the academic year for which the student is applying for support; or
is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student's disability;
“ contribution ” means an eligible student's contribution calculated pursuant to regulation 99 and Schedule 4;
“ course designation event ” has the meaning given in regulation 2A(5);
“ course for the initial training of teachers ” has the meaning given in paragraph (1ZA);
“ the course start date ” means the day on which the first term of the first academic year of a course actually begins;
“ current course ” means the designated course in respect of which a person is applying for support;
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“ current part-time course ” means the designated part-time course in respect of which a person is applying for support;
“ current postgraduate course ” means the designated postgraduate course in respect of which a person is applying for support;
“ current system student ” means an eligible student who—
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either—
began attending the current course on or after 1st September 2006 and is continuing on that course after 31st August 2012; or
begins attending the current course on or after 1st September 2012; or
begins undertaking the current course on or after 1st September 2012;
“ dental profession subject ” means dental hygiene, dental therapy and dental hygiene and dental therapy;
“ designated course ” means a course designated by regulation 5 or by the Secretary of State under regulation 5;
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“ designated part-time course ” means a course designated by regulation 139 or by the Secretary of State under regulation 139;
“ designated postgraduate course ” means a course designated by regulation 161 or by the Secretary of State under regulation 161;
“ Directive 2004/38 ” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“disability” has the meaning given in section 6 of the Equality Act 2010;
“disabled distance learning students' allowance” means the grant payable under regulation 127;
“disabled part-time students' allowance” means the grant payable under regulation 147;
“disabled students' allowance” means the grant payable under regulation 40;
“ distance learning course ” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—
for the purposes of registration or enrolment or any examination;
on a weekend or during any vacation; or
on an occasional basis during the week;
“ electronic signature ” is so much of anything in electronic form as—
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
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“ eligible part-time student ” has the meaning given in regulation 137;
“ eligible postgraduate student ” has the meaning given in regulation 159;
“ eligible prisoner ” means a prisoner—
who begins the current course or current part-time course on or after 1st September 2012;
who is serving a sentence of imprisonment in the United Kingdom;
has been authorised by the prison Governor or Director or other appropriate authority to study the current course or current part-time course;
whose earliest release date is within 6 years of the first day of the first academic year of the current course or current part-time course;
who has not transferred to the current course or current part-time course under regulation 7 or 139A from a course beginning before 1st September 2012; and
is not beginning an end-on course on or after 1st September 2012;
“ eligible student ” has the meaning given in paragraph (3);
“ employment-based teacher training scheme ” means—
a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or
a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;
“ end-on course ” means—
a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive ... a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;
a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive ... a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;
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a full-time first degree course beginning on or after 1st September 2009, but before 1st September 2012 (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time higher education course or to undertake a part-time higher education course ... mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification;
a full-time honours degree course beginning on or after 1st September 2012 , but before 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;
a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake ... a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;
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a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;
“English higher education provider” has the meaning given by section 83(1) of the 2017 Act;
“ equivalent or lower qualification ” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;
“Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 5(1)(d) or 139(1)(d) and―
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where the course ... is provided by an institution in Northern Ireland ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or
where the course ... is provided by an institution in England , Scotland or Wales ―
at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and
either—
in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or
in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
“ EU national ” means a national of a Member State of the EU;
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“ fee loan ” means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
“ fees ” has the meaning given in section 85(2) of the 2017 Act ...;
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“ former Metropolitan Police District ” means—
Greater London, excluding the City of London, the Inner Temple and the Middle Temple;
in the county of Essex, in the district of Epping Forest— the area of the former urban district of Chigwell, the parish of Waltham Abbey;
in the county of Hertfordshire— in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and
in the county of Surrey— in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;
“ full-time equivalent ” means a full-time course leading to the same qualification as the part-time course in question;
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“ graduate entry accelerated programme ” means a course—
the standard of which is not higher than a first degree which leads to a qualification as a medical doctor or dentist;
where a first degree or equivalent qualification would normally be required for entry to the course;
which begins on or after 1st September 2012; and
the duration of the course does not exceed 4 years;
“ graduate entry veterinary course ” means a course—
the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, and
where a first degree or equivalent qualification would normally be required for entry to the course;
“ grant for living and other costs ” means a grant payable under Part 5;
“healthcare bursary” means a bursary or award of similar description under—
section 63 of the Health Services and Public Health Act 1968 made in respect of—
a course provided by an institution in England beginning before 1st August 2017;
a course provided by an institution in England beginning on or after 1st August 2017, where that course leads to qualification as a paramedic, medical doctor or dentist;
a course provided by an institution in Scotland or Northern Ireland, where that course leads to qualification as a medical doctor or dentist;
a course provided by an institution in Wales; or
article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972;
“ healthcare tuition payment ” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;
“ high level quality rating ” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;
“ higher education bursary ” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 ;
“ higher education course ” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“ household income ” has the meaning given in Schedule 4 , and, for the purposes of Part 11B, has the meaning given in Schedule 6 ;
“ immigration rules ” has the meaning given in section 33(1) of the Immigration Act 1971;
“ information ” includes documents;
“ Institute ” means the University of London Institute in Paris;
“institution” in relation to England includes an English higher education provider;
“ intensive course ” means an accelerated course or a compressed degree course;
“ in-year qualifying event ” has the meaning given in regulation 2A(2);
“ Islands ” means the Channel Islands and the Isle of Man;
“ loan ”, except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;
“ loan for living costs ” means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
“ long courses loan ” means a long courses loan pursuant to regulation 81;
“ lower-fee foundation year ” has the meaning given in paragraph (16);
“ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“ non-regulated institution ” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;
“ Northern Irish designated full-time course ” has the meaning given in paragraph (14);
“ Northern Irish designated part-time course ” has the meaning given in paragraph (14);
“ Northern Irish designated postgraduate course ” has the meaning given in paragraph (14);
“ OfS ” means the Office for Students, as established by section 1(1) of the 2017 Act;
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“ ordinary duration ” means ... the number of academic years that a standard student would take to complete the ... course excluding any academic years of the course that are —
bursary years;
Erasmus years of a course provided by an institution in Northern Ireland ...; or
Erasmus years of a course provided by an institution in England , Scotland or Wales where the course began before 1st September 2012 ;
Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;
“ part-time course designation event ” has the meaning given in regulation 2A(6);
“ period of eligibility ” has the meaning given respectively in regulation 6 in relation to an eligible student, ... in regulation 140 in relation to an eligible part-time student and in regulation 162 in relation to an eligible postgraduate student;
“ periods of work experience ” means—
periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;
periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
“ person granted Calais leave ” means a person who—
has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, ...; and
has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave to remain ;
“ person granted humanitarian protection ” means a person—
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...;
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain
“ person granted indefinite leave to enter or remain as a bereaved partner” means a person—
granted indefinite leave to enter or remain in the United Kingdom ... ...—
under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules ; ...
where such leave was granted before the coming into force of Appendix Bereaved Partner , under any of the following provisions of the immigration rules —
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);
under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or
where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997; and
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
“person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—
granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...—
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
“ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;
“ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person—
who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules ..., on the basis of the Afghan Citizens Resettlement Scheme; and
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who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted leave under the Afghan Relocations and Assistance Policy Scheme ” means a person—
who has —
indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the immigration rules , having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules ;
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or
indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; and
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who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—
who has leave to enter or remain in the United Kingdom—
under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules ; or
outside the immigration rules where the person—
was residing in Ukraine immediately before 1st January 2022; and
left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted leave under the Ukraine Extension Scheme ” means a person—
who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules ...; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted leave under the Ukraine Family Scheme ” means a person—
who has leave to enter or remain in the United Kingdom—
under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules ...; or
outside the immigration rules ... where the person—
was residing in Ukraine immediately before 1st January 2022; and
left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted leave under the Ukraine Permission Extension Scheme ” means a person—
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted section 67 leave ” means a person who—
has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person granted stateless leave ” means a person who—
has extant leave to remain as a stateless person under the immigration rules ...; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“ person with protected rights ” means—
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a person within the personal scope of the citizens’ rights provisions who—
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;
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is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
In paragraph (1)(a)(v), “ citizens’ rights deeming provisions ” means—
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
“ postgraduate course designation event ” has the meaning given in regulation 2A(7);
“ postgraduate pre-registration course ” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—
the Health and Care Professions Council, for allied health profession subjects other than dental profession subjects; or
the Nursing and Midwifery Council, for midwifery or nursing;
“ preliminary course ” means—
a course mentioned in paragraph 2 to 4 of Schedule 2, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers);
a course mentioned in paragraph 12 of Schedule 2 that is taken before a full-time degree course; or
a foundation degree course, or overseas equivalent, taken before a full-time honours degree course;
“ pre-registration course ” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course, which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—
the Health and Care Professions Council, for operating department practice and allied health profession subjects, other than dental profession subjects;
the Nursing and Midwifery Council, for midwifery or nursing;
the General Dental Council, for dental profession subjects;
Social Work England and the Nursing and Midwifery Council, for nursing and social work;
“ previous course ” has the meaning given in regulation 12;
“ prisoner ” includes a person detained in a young offender institution;
“ private institution ” means an institution which is not publicly funded;
“ protected category event ” has the meaning given in regulation 2A(3);
“ public funds ” means moneys provided by Parliament or by a government authority outside the United Kingdom;
“ publicly funded ”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“ qualified teacher ” has the meaning given in section 132(1) of the Education Act 2002 but for courses beginning on or after 1st September 2012 does not include a person who—
is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers’ Qualifications) (England) (Regulations) 2003; and
has not been assessed by an accredited institution (within the meaning of regulation 11 of those regulations) as meeting the specified standards (within the meaning of paragraph 1 of Schedule 2 to those regulations);
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“ qualifying year of study ” means an academic year of a designated course—
in respect of which the student qualified for a fee loan (even if the amount was nil);
that was a bursary year; or
in respect of which the student would have qualified for a fee loan (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;
“ quarter ” in relation to an academic year means a period in that year—
beginning on 1st January and ending on 31st March;
beginning on 1st April and ending on 30th June;
beginning on 1st July and ending on 31st August; or
beginning on 1st September and ending on 31st December;
“ recognised initial further education teacher training course ” means a course included in the list maintained by the Secretary of State in accordance with regulation 2B;
“ refugee ” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
“ register ” means the register established and maintained by the OfS under section 3 of the 2017 Act;
“ registered provider ” means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;
“ regulated institution ” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;
“ relevant period ”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“ relevant person of Northern Ireland ” has the meaning given by residence scheme immigration rules;
“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;
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“ sandwich course ” has the meaning given in paragraph (10);
“ Scottish designated full-time course ” has the meaning given in paragraph (14);
“ Scottish designated part-time course ” has the meaning given in paragraph (14);
“ Scottish designated postgraduate course ” has the meaning given in paragraph (14);
“ Scottish healthcare allowance ” means any allowance (including a young students’ bursary or an independent students’ bursary) under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
“ settled status event ” has the meaning given in regulation 2A(4);
“ specified designated course ” has the meaning given in paragraph (11);
“ standard academic year ”, unless otherwise indicated, means an academic year of a designated course ... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student but does not include an academic year that is—
a bursary year;
an Erasmus year of a course provided by an institution in Northern Ireland ...; or
an Erasmus year of a course provided by an institution in England , Scotland or Wales where the course began before 1st September 2012 ;
an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;
“ standard student ” is a student who is to be taken—
to have begun the ... course on the same date as the eligible student in question;
not to be excused any part of the course;
not to repeat any part of the course; and
not to be absent from the course other than during vacations;
“ statutory award ” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“ student loans legislation ” means the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under that Order or the 1998 Act and regulations made under that Act;
“ support ” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
...
“ travel expenditure ” means expenditure incurred by a student—
within the United Kingdom for the purposes of attending their institution; or
within or outside the United Kingdom for the purposes of attending, as part of their course, any period of study at an overseas institution or for the purposes of attending the Institute;
“ Turkish worker ” means a Turkish national who—
is ordinarily resident in the United Kingdom and Islands; and
is, or has been, lawfully employed in the United Kingdom;
“ UK dual degree programme ” means a single course of study offered by an institution in the United Kingdom leading to the award by that institution of two first degrees, other than a full-time course leading to a qualification as a—
medical doctor;
dentist;
veterinary surgeon;
architect;
landscape architect;
landscape designer;
landscape manager;
town planner; or
town and country planner;
“ UKRI ” means United Kingdom Research and Innovation;
...
...
...
“ universal credit ” means universal credit under Part 1 of the Welfare Reform Act 2012;
“ Welsh designated full-time course ” has the meaning given in paragraph (14);
“ Welsh designated part-time course ” has the meaning given in paragraph (14);
“ Welsh designated postgraduate course ” has the meaning given in paragraph (14).
(1ZA) “ Course for the initial training of teachers ” means any of the following courses other than an employment-based teaching training scheme—
(a) a course of initial teacher training undertaken in England and leading to ... qualified teacher status in England;
(b) a course of initial teacher training undertaken in Wales and accredited as initial teacher training by the Education Workforce Council;
(c) a course of initial teacher training undertaken in Scotland and accredited as initial teacher training by the General Teaching Council for Scotland;
(d) a course of initial teacher training undertaken in Northern Ireland and accredited as initial teacher training by the General Teaching Council for Northern Ireland;
(e) a course for the initial training of teachers in further education undertaken in England leading to a Diploma in Education and Training awarded by a recognised body, or with content equivalent to a Diploma in Education and Training and leading to a qualification awarded by a relevant provider, which—
(i) is not a recognised initial further education teacher training course; and
(ii) begins before 1st August 2024;
(f) a recognised initial further education teacher training course undertaken in England;
(g) a course for the initial training of teachers in further education which is undertaken in Wales and leads to a qualification the standard of which is at least equivalent to a Diploma in Higher Education;
(h) a course for the Teaching Qualification in Further Education which is undertaken in Scotland;
(i) a course for the initial training of teachers in further education undertaken in Northern Ireland which leads to a qualification which is approved by the Department for the Economy as a qualification which entitles a person to work as a full-time, associate or essential skills lecturer in a further education college in Northern Ireland.
(1ZB) For the purposes of paragraph (1ZA)—
(a) a course mentioned in sub-paragraph (a), (b), (c), (d), (g), (h) or (i) of that paragraph includes a course leading to a first degree;
(b) “ recognised body ” means an awarding body (within the meaning of section 132 of the Apprenticeships, Skills, Children and Learning Act 2009) which is recognised by the Office of Qualifications and Examinations Regulation in accordance with that section;
(c) “ relevant provider ” means an English higher education provider which has been granted degree awarding powers by a Royal Charter or by or under an Act of Parliament.
(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—
(a) Article 10 (personal scope) of the EU withdrawal agreement;
(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.
(2) The Secretary of State may determine that a course is a compressed degree course if, in the opinion of the Secretary of State, that course is—
(a) a course for a first degree (other than a foundation degree);
(b) a full-time course designated under regulation 5(1); ...
(c) of two academic years' duration ; and
(d) a course which began before 1st August 2019.
(3) ... “ eligible student ” has the meaning given in regulation 4.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Secretary of State may determine that a qualification is an equivalent or lower qualification if—
(a) an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and
(b) the qualification referred to in sub-paragraph (a) is an honours degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the current course leads.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In these Regulations—
(a) a course is a “sandwich course” if—
(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year.
(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and
(iii) taking the course as a whole, the student attends or undertakes the periods of full-time study for an average of not less than 18 weeks in each year;
(b) in calculating the student's periods of full-time study for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and
(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(11) In these Regulations, the “ specified designated course ” means the current course subject to paragraphs (12) and (13).
(12) Where the student's status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Secretary of State from a course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, the specified designated course is the initial course.
(13) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.
(14) In these Regulations—
“Northern Irish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 5 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“Northern Irish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“Northern Irish designated postgraduate course” means a postgraduate course substantially provided in Northern Ireland and designated under regulation 141(4) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 139 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“Scottish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Scotland—
determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;
designated under regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 5 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and
either—
designated under regulation 5(8) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 4(1) of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;
“Scottish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Scotland—
determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;
designated under regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and
either—
designated under regulation 83(6) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 81(1) of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;
“Scottish designated postgraduate course” means a postgraduate course substantially provided in Scotland—
determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;
designated under regulation 141(4) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 139 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and
either—
designated under 112(4) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 110 of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under paragraph 3 of Schedule 4 to the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;
“Welsh designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Wales and—
designated under regulation 5(8) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 4(1) of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;
“Welsh designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Wales and—
designated under regulation 83(6) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 81(1) of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;
“Welsh designated postgraduate course” means a postgraduate course substantially provided in Wales and—
designated under 112(4) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 110 of those Regulations and section 22 of the 1998 Act; or
specified to be treated as a designated course under paragraph 3 of Schedule 4 to the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations.
(15) For the purposes of paragraph (14)—
(a) a course is substantially provided in Northern Ireland if at least half of the teaching and supervision which comprise the course is provided in Northern Ireland;
(b) a course is substantially provided in Scotland if at least half of the teaching and supervision which comprise the course is provided in Scotland;
(c) a course is substantially provided in Wales if at least half of the teaching and supervision which comprise the course is provided in Wales.
(16) In these Regulations, a “lower-fee foundation year” is a foundation year (as defined in paragraph (17)) in relation to which more than 50% of the CAH3 codes, for student loan purposes, are listed in Schedule A1.
(17) For the purposes of paragraph (16)—
(a) a “foundation year” is a period of study that—
(i) is of one academic year’s duration if undertaken full time, or equivalent to that duration if undertaken part time,
(ii) is integrated with an undergraduate course at the start of that undergraduate course, and may be enrolled for at the same time as enrolling for that undergraduate course,
(iii) is designed to equip students with the skills and knowledge that are needed for progressing to an undergraduate course,
(iv) a student must complete successfully in order to progress to the first year of an undergraduate course,
(v) may result in the student being awarded a qualification that is separate from the qualification awarded as a result of completing the undergraduate course to which the student progresses, and
(vi) may, where contractual arrangements are in place, be undertaken at an institution (which may or may not be a registered higher education provider) that is different from the provider to which the student applied and with which the student has enrolled for the undergraduate course, and
(b) “ CAH3 code ” means a Common Aggregated Hierarchy 3 code associated with a subject, as referred to in version 1.3.4 of the Higher Education Classification of Subjects coding system.
